State v. Kenney (124 Ohio St. 3d 1473, 2010)

Franklin App. No. 09AP-231, 2009-Ohio-5584. Discretionary appeal accepted; cause held for the decision in 2008-2502, State v. Bodyke, Huron App. Nos. H-07-040, H-07-041, and H-07-042, 2008-Ohio-6387; and briefing schedule stayed.

Moyer, C.J., and Lundberg Stratton, J., would accept and hold the appeal on Proposition of Law No. I and accept the appeal on Proposition of Law No. II without holding.

Cupp, J., dissents.